Trial Periods and Probationary Periods

Trial Periods and Probationary Periods

Trial periods and probationary periods are options which can be used by employers and employees to assess and make sure that the employee can do the job. These options shouldn’t be used instead of a proper recruitment process.

Probationary periods and trial periods are used for similar reasons but they have different requirements and effects:

  • A trial period can only be used for new employees, so it can’t be used if the employee already works for the employer but wants to try a new role. In this situation a probationary period can be used.
  • Trial periods can only be used for up to 90 days. A probationary period is not limited to 90 days, so it could potentially be used for a longer assessment period, if agreed and reasonable.
  • An employee can’t bring a personal grievance for unjustified dismissal at the end of a trial period, but an employee can bring a personal grievance for unjustified dismissal in relation to a probationary period.
  • 90 day trial periods can only be utilised by employers with less than 20 staff.

Get in touch with Phil Mitchell

If you have an issue you wish to discuss relating to trial / probationary periods, contact Phil Mitchell, Wellington Employment Lawyer. He can advise you of the pitfalls and problems that arise in this area of law.

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